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SECOND REPORT

BY THE

Joint Select Committee of the House of Lords and the House of Commons appointed to consider all Consolidation Bills in the present Session.

BEING A REPORT UPON THE

NATIONAL HEALTH INSURANCE

BILL

ORDERED TO REPORT THAT—

[H.L.].

1. The Committee have considered the Bill and made in it such amendments as seemed to them to be necessary in order to bring it into conformity with the existing law and to be desirable with a view to improving its form. A list of these amendments is contained in Appendix I to this Report. They consider that the Bill, as amended, represents all the existing law relating to National Health Insurance which is of a permanent character, and that the Bill should be allowed to proceed.

2. The Bill leaves outstanding two enactments of a temporary character, viz., the National Health Insurance (Navy and Army) Act, 1914 (Session 2), and the National Health Insurance (Prolongation of Insurance) Act, 1921; the first of these two Acts has by now practically become spent, and the second, unless Parliament otherwise determines, will expire before the Bill comes into operation. Certain provisions of the National Insurance Acts of 1911 and 1913 and of the National Health Insurance Act, 1920, are also excepted from repeal; of these excepted provisions, some are in the nature of temporary provisions while the remainder relate to grants in aid of sanatoria for the treatment of tuberculosis or other institutions and are thus outside the scheme of National Health Insurance with which the Bill deals.

3. As invariably happens in the case of Consolidation Bills, questions arose as to the exact effect of later enactments on earlier enactments, and whether in certain cases the reproduction in the Bill of the exact language of the existing enactments without some modification or addition did not alter the law or produce a misleading effect. The cases in which any such doubts of a substantial character arose are set out in Appendix II to this Report, with a statement of the manner in which the Committee dealt with them.

4. In addition to the evidence of the draftsman and of representatives of the Ministry of Health, the Committee considered it desirable, having regard to the fact that the Bill affects all parts of the United Kingdom, to hear the evidence of the legal advisers of the Scottish Board of Health and of the Welsh Board of Health; no representative of Northern Ireland appeared before

the Committee, but it was stated in evidence to the Committee that the Bill was prepared in consultation with the draftsman to the Government of Northern Ireland.

5. The Committee were furnished with a Table of Comparison showing how each section of the existing Statutes relating to National Health Insurance is dealt with in the Consolidating Bill, and if any section of the existing Statutes is not reproduced in the Bill, the reason for its omission. It appeared to the Committee that it would be useful if this Table were prefixed to the print of the Bill before it is again considered by Parliament, and they have accordingly directed that this should be done.

NATIONAL HEALTH INSURANCE BILL [H.L.].

APPENDIX I.

AMENDMENTS MADE BY THE JOINT SELECT COMMITTEE.

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In the Memorandum: Leave out "without alteration" and insert in a consolidated form," and at the end insert "The following Table of Comparison shows how each section of the existing Statutes relating to "National Health Insurance, is dealt with in the Bill."

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"the "

insert

In the Title: After the second "to" insert "National." Clause 3, page 3, line 23: After the second "contribution.' "1

" and

Clause 3, page 3, line 24: Leave out "remain an insured person insert "be treated as if he were an employed contributor insured under this Act."

Clause 3, page 4, lines 15 and 16: Leave out "remain for all purposes "an insured person."

Clause 3, page 4, line 17: After the second "the" insert

"contribution."

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Clause 3, page 4, line 19: After "paid" insert "be treated as if he were a voluntary contributor insured under this Act."

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Clause 3, page 4, line 27: After years insert or in the case of a woman who is an insured person, of the period of four weeks after her "confinement."

Clause 7, page 6, line 40: After "contributions" insert "at the "employed rate."

Clause 9, page 7, line 35: Leave out "calendar."

Clause 9, page 7, line 39: Leave out "such."

Clause 9, page 8, lines 6 and 10: Leave out "such."

Clause 9, page 8, lines 11 and 12: Leave out "in receipt of sickness or "disablement benefit" and insert "rendered incapable of work by reason of some specific disease or bodily or mental disablement."

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Clause 9, page 9, line 8: Leave out

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66 calendar."

Clause 9, page 10, line 5: Leave out subsection (10) and insert "6 (10) In "this section the expression week' means a contribution week." Clause 13, page 13, lines 26 and 27: Leave out "within three days from "the commencement thereof " and insert 66 on or before the third day

of the incapacity."

Clause 13, page 14, line 20: Leave out "Provided that " and make this paragraph a new subsection (6).

Clause 13, page 14, lines 23 and 24: Leave out "for the purposes of "this subsection " and insert "for the purpose of determining the rate 46 and duration of benefit."

Clause 15, page 17, line 28: After " of "insert "contribution." Clause 17, page 21, line 32: Leave out subsection (1) and insert "(1) No payment

(a) on account of sickness or disablement benefit in respect of any period when the insured person is an inmate of any workhouse, hospital, asylum, convalescent home or infirmary, supported by any public authority or out of any public funds or by a charity or voluntary subscriptions; or

(b) on account of maternity benefit in respect of the confinement of a woman where the woman is at the time of the confinement such an inmate as aforesaid;

shall be made during any period when the insured person or the woman, as the case may be, is such an inmate as aforesaid."

Clause 19, page 24, lines 9 and 10, and as set out below: Leave out "Great Britain and Northern Ireland" and insert "the United 66 Kingdom."

Clause 19, page 24, lines 25 and 26.

Clause 19, page 24, line 41.

Clause 19, page 25, lines 3 and 4.

Clause 19, page 25, line 11.

Clause 19, page 25, line 15.

Clause 20, page 26, lines 42 and 43.

Clause 20, page 26, line 44.

Clause 20, page 27, line 1.

Clause 20, page 27, line 9.

Clause 44, page 48, line 36.

Clause 44, page 48, lines 40 and 41.
Clause 44, page 49, lines 5 and 6.
Clause 44, page 49, lines 25 and 26.
Clause 45, page 49, lines 31 and 32.
Clause 45, page 50, lines 5 and 6.
Clause 54, page 56, lines 15 and 16.
Clause 54, page 56, lines 22 and 23.

Clause 57, page 60, line 29.

Clause 58, page 62, line 3.

Clause 59, page 63, line 6.

Clause 62, page 68, lines 27 and 28.

Clause 62, page 68, lines 36 and 37.

Clause 64, page 70, lines 26 and 27.

Clause 64, page 70, line 31.

Clause 131, page 136, line 26.

Schedule I, page 139, line 3.

Schedule I, page 139, lines 12 and 13.

Schedule I, page 139, line 16.

Schedule I, page 139, line 17.

Schedule I, page 139, line 37.

Schedule I, page 139, line 40.

And the short title to Clause 19.

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insert

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as."

Clause 24, page 31, line 19: After or Clause 30, page 38, line 26: After registered "insert" or head " and after or insert "the office of the."

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Clause 30, page 38, lines 35 and 42: Leave out registered." Clause 39, page 44, line 25: After "society "insert" or to that "society."

Clause 48, page 51, line 6: Leave out from "member " to "shall " in line 7, and after "be" insert "a."

Clause 48, page 51, line 8: Leave out "practitioners" and insert practitioner."

Clause 54, page 55, line 14: Leave out "nineteen hundred and twenty"four" and insert "nineteen hundred and twenty-five." Clause 56, page 57, line 34: After "and."

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time" insert during coverture

Clause 56, page 58, line 21: Leave out "and" and insert as a new paragraph (iv) any additional benefits provided by her approved society "in accordance with a scheme under section seventy-five of this Act; "and."

Clause 56, page 58, line 23: Leave out "remain "treated as if she were."

and insert "be

Clause 56, page 58, line 28: After "the "insert "contribution." Clause 56, page 58, line 34: After "last" insert "contribution." Clause 56, page 58, line 39: After "shall "insert" for the purpose "of determining her title to benefits, other than additional benefits." Clause 56, page 59, line 11: After "of" insert "contribution." Clause 57, page 60, line 32: After "each" insert "contribution." Clause 57, page 60, line 33: After " a insert "contribution." Clause 57, page 60, line 35: After " per "insert"contribution." Clause 57, page 61, line 39: After "each "insert" contribution." Clause 61, page 67, line 14: Leave out " permanent service" and insert "service otherwise than for training."

Clause 61, page 67, line 16: After "embodiment" insert " or on "service otherwise than for training."

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Clause 75, page 81, line 37: After arrears" insert " and if it so "provides may make a corresponding modification in any regulations "providing for the reduction, suspension or postponement of benefits "(other than additional benefits) on account of arrears."

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Clause 77, page 85, line 41: After obligation insert in so far as "it is not made good."

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or."

Clause 86, page 92, line 13: Leave out "and" and insert " Clause 89, page 94, line 20: After "is" insert "or was." Clause 91, page 96, line 27: After "body" insert "or special bodies." Clause 97, page 102, line 17: After "whether" insert or not." Clause 97, page 102, line 18: After person "insert" or is or was "an employer of an employed contributor" and leave out "or not." Clause 103, page 107, line 4: After any "insert"contribution." Clause 110, page 112: Leave out Clause 110.

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Clause 117, page 119, line 22: After subsection (4) insert a new subsection::

"(5) In the application of section one hundred and five of this Act to Scotland, the following subsection shall have effect in lieu of subsection (2) of that section:

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"(2) in awarding inlying expenses in Scotland in connection with the birth of an illegitimate child, the court shall not take into consideration the fact that the mother of the child is entitled to receive maternity benefit under this Act." " and insert Clause 121, page 124, line 14: Leave out "three guineas "five guineas."

Clause 130, page 132, line 13: Leave out "1921" and insert "1923." Page 135: After Part VIII insert:

Application of
Act to.

Wales. [1911,
s. 82 (2); 9 &
10 Geo. 5. c. 21,
s. 3 (1) (b).J

PART IX.

Application of Act to Wales.

130. Subject to the provisions of this Act all sums received by way of contributions under this Act in respect of persons resident in Wales, and all sums paid out of moneys provided by Parliament in respect of benefits for persons so resident, and the expenses of the administration of those benefits shall be paid into a fund to be called "the Welsh National Health

Saving for

Insurance Fund," under the control and management of the Minister, and the provisions of this Act with respect to the National Health Insurance Fund, shail, with the necessary modifications, apply to the Welsh National Health Fund.

131. Nothing in this Act shall affect the power of Welsh Board of the Minister under Section five of the Ministry Health. of Health Act, 1919, to exercise and perform any of 9 & 10 Geo. 5. his powers and duties in Wales through the Welsh c. 21. Board of Health."

PART IX NOW BECOMES PART X.

Clause 131, page 135, line 8: After "requires" insert "the following expressions have the meanings hereby assigned to them respectively, that is to say:

"Clause 131, page 135, lines 9, 18, 22, 27, 31, 34, 36, and page 136, lines 1, 3, 6 Leave out "The expression ".

"Clause 131, page 136, line 7: Insert as a new paragraph:

"Contribution week' means the period of seven days commencing "from the midnight between Sunday and Monday."

IN THE SCHEDULES.

First Schedule, page 140, line 15: by this Act ".

First Schedule, page 140, line 38:

After " benefits" insert "conferred

Leave out "as a junior student in a state-aided school" and insert "Employment in a state-aided school in Scotland as a student provisionally recognised for temporary service as an uncertificated teacher pending completion of training".

Third Schedule, page 144, line 19: Leave out "building or leasing of " and insert, "provision of ".

Fifth Schedule, page 147, line 21 Administration of medical treatment Fifth Schedule, page 147, line 34: "and marriage ".

at end: Insert "Section 12 (6)and attendance ".

Leave out "birth" and leave out

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Seventh Schedule, page 149, line 16: Third Column, after sixty-four " insert "sections seventy-two and seventy-three ".

Seventh Schedule, page 150, line 17: Third Column, after "Act" insert "except subsection (4) of section two and subsection (1) of section twenty-one".

APPENDIX II.

CLAUSE 1.

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The Committee considered that the concluding words of the Clause and have since that date continued to be insured persons," were rightly inserted in the Bill as in effect reproducing the principle adopted in Section 7 (1) (c) of the Act of 1918, under which the right to be a voluntary contributor, where that right depended on having been a voluntary contributor on 1st January, 1918, was lost by a lapse from insurance. Without these words there would be nothing to prevent a person who is entitled to be a voluntary contributor at the date when the Bill comes into operation claiming at a later date to become again a voluntary contributor after he has lapsed from insurance.

CLAUSE 3.

1. The words "be treated as if he were an employed contributor insured under this Act" were substituted by the Committee for the

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